Opinion
2:17-cv-00150-SAB
12-21-2017
WILLIAM WINSTON BASSETT, Petitioner, v. DONALD HOLBROOK, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING FIRST AMENDED PETITION
Before the Court is Magistrate Judge John Rodgers' Report and Recommendation, ECF No. 13. Magistrate Judge Rodgers found, and the Court agrees, that Petitioner's claims are unexhausted. Baldwin v. Reese, 541 U.S. 27 (2004); O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999); Rose v. Lundy, 455 U.S. 509, 518-20 (1982). There being no objections, the Court adopts the Report and Recommendation in full.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. Magistrate Judge Rodgers' Report and Recommendation, ECF No. 13, is ADOPTED IN ITS ENTIRETY as the Order of this Court.
2. The First Amended Petition, ECF No. 10, is DISMISSED without prejudice.
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, provide copies to Petitioner, and close the file. The Court further certifies that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
DATED this 21st day of December 2017.
/s/_________
Stanley A. Bastian
United States District Judge